Posts Tagged ‘nikah’

THE AGE OF AISHA AT MARRIAGE

September 26, 2021

With the Name of God, All-Merciful, Most Merciful

THE AGE OF AISHA AT MARRIAGE

Abridged translation from Islam Bahiri, Aisha’s marriage to the Prophet aged nine – a big mistake in the books of Hadith (in Arabic), Al-Yawm al-Sabi’, 15th July 2008. With additions from Salahi (2013).

Translation and editing by Usama Hasan

ABSTRACT

Aisha was about 18 years old when her marriage to the Prophet was consummated, and not nine.  The narrations of Bukhari and Muslim saying otherwise are dubious in their texts and chains of transmission.  They contradict the law (Sharia), the intellect, authentic hadiths, and the customs, habits and ethos of the age of Prophethood.  Furthermore, they are completely incongruous with the timeline of the Prophetic mission.

1   The hadith of Bukhari about the age of Aisha at marriage

Imam Bukhari included this hadith with five slightly-different chains of narration in his Sahih:

Aisha said: The Prophet, may God bless him and grant him peace, married me when I was six years old. We then came to Medina and I gave myself to him: I was nine years old then.

2         Timeline of the Prophetic Mission

The foundational sources of Islamic history and of the life of the Prophet overwhelmingly agree on the following timeline of the Prophetic mission:[1]

570-1 CE: Birth of the Prophet

610: Beginning of the Prophetic mission (aged 40)

623: Migration (Hijrah) to Medina, after 13 years of the mission in Mecca

632-3: Death of the Prophet in Medina, after 10 years of his mission there.

3         Historical critique of the narration of Bukhari

According to the narration of Bukhari, the Prophet married Aisha in 620 when she was six, and the marriage was consummated in 623 when she was nine. This would mean that she was born in 614, four years into the Prophet’s mission. This is a glaring error, as we shall now show.

3.1        Comparing Aisha’s age to that of her older sister Asma

The above historical sources are unanimous that Asma was 10 years older than Aisha, and that Asma was born 27 years before the Hijrah, i.e. in 596.

Thus:

Asma was born in 596: she was 14 when the Prophetic mission began and 27 at the time of the Hijrah.

Aisha was born in 606: she was 4 when the Prophetic mission began and 17 at the time of the Hijrah. She was married at 14; the marriage was consummated when she was 17, or 18 if we allow for a few months after the Hijrah.

The historical sources are unanimous that Asma died soon after a famous historical incident, the death of her son Abdullah bin Zubayr at the hands of Hajjaj bin Yusuf in 73 H, when she was aged 100.

Thus, she was born in 596 and died c. 693-696.[2]

3.2        Tabari: all of Abu Bakr’s children were born before the Prophetic mission

The previous point is in agreement with Tabari’s statement that all of Abu Bakr’s children, including Asma and Aisha, were born before the Prophetic mission.

When the Prophetic mission began, Asma was 14 and Aisha was 4. This further confirms the weakness of Bukhari’s narration.

3.3        Comparing Aisha’s age to that of Fatima, the Prophet’s daughter

Ibn Hajar, author of the premier commentary on Bukhari, mentions a narration in his Al-Isabah that Fatima was born in the year of the rebuilding of the Ka’bah, when the Prophet was 35 years old, and that she was 5 years older than Aisha.

According to this, Aisha would have been born around the time of the Prophetic mission. She would then have been 13 at the time of the Hijrah, and not 9 as the narration of Bukhari says.

This again illustrates that the narration of Bukhari is unreliable and suffers from what is known as idtirab (inconsistency) in Hadith terminology.

[NB: Ibn Hajar does not appear to have noticed this inconsistency, because in his same work Al-Isabah, he repeats that Aisha was born four years into the Prophet’s mission, even though other narrations, some of which he himself mentions, indicates that she was born several years before this. – U.H.]

3.4        Aisha’s age when she accepted Islam

Ibn Kathir mentions in Al-Bidayah wa l-Nihayah that “amongst the females who accepted Islam during the first three years of the Prophetic mission were Asma and Aisha. This was whilst the Prophet’s preaching was covert. Then, in the fourth year of his mission, God commanded him to announce his mission publicly.”

This again contradicts the original narration of Bukhari, since the latter implies that Aisha was born in the fourth year of the Prophetic mission.

However, according to the correct calculation, Aisha was born 4 years before the Prophetic mission began and so was 7 when she accepted Islam, being just about old enough to do so.

[Salahi (p. 204) further adds that Aisha is mentioned in Ibn Ishaq’s Sirah, the earliest book on the biography of the Prophet, amongst the first fifty people to accept Islam.  She is nineteenth on the list. There are no children on the list, although Ibn Ishaq mentions that she was young.  Salahi estimates that she must have been at least ten, making her 18 at the time of her marriage. – U.H.]

3.5        Aisha’s early memories of Islam

Imam Bukhari himself narrates in a chapter, “Abu Bakr’s neighbouring the Prophet” that Aisha said:

“My earliest memories are of my parents already practising Islam. The Prophet would visit us daily, morning and evening. When the Muslims were persecuted, Abu Bakr left, intending to migrate to Abyssinia.” [He was persuaded to return from the outskirts of Mecca. – U.H.]

The historical sources are unanimous that the first Muslim migration to Abyssinia was in Year 5 of the Prophetic mission. If Aisha was born in Year 4 of the Prophetic mission, there is no way she could have remembered her father heading towards Abyssinia. But the correct date for her birth is 4 years before the Prophetic mission: this is consistent with her remembering her father’s attempted journey, when she would have been around 9 years old.

3.6        The appropriate age of marriage

In his Musnad, section on Aisha, Imam Ahmad narrates that when the Prophet’s first wife Khadijah bint Khuwaylid died, Khawlah bint Hakeem, wife of Uthman bin Maz’oon, came to the Prophet and suggested that he should remarry. When the Prophet asked to whom, she said,

“A virgin or a matron, as you wish.”

The Prophet replied, “A virgin.”

Khawlah then recommended Aisha.

This establishes that Aisha was ready for marriage at this time, and that the Prophet did not need to wait for a few years.

The Qur’an (Women, 4:6) confirms that the minimum age of marriage is the same as that for financial responsibility.

Therefore, there is no way that Aisha could have been only 6 years old at this time.

3.7        Aisha’s previous engagement

In his Musnad, Imam Ahmad also narrates from Khawlah bint Hakeem that Abu Bakr had already agreed with Mut’im bin Adi that Aisha would marry the latter’s son, Jubayr bin Mut’im.  Abu Bakr then called off this engagement so that she could marry the Prophet.

Now, there is no way that Abu Bakr would have engaged her to Jubayr after the beginning of the Prophet’s mission, because Mut’im and his family were polytheists; Jubayr even fought against the Muslims at the Battles of Badr and Uhud.  Thus, this engagement must have been when Jubayr and Aisha were both children, before the Prophet’s mission began.  This again confirms that Aisha could not have been born four years into the Prophet’s mission; in fact, she was born four years before it began, as we have established above.

3.8        Aisha remembering the revelation of a Qur’anic verse as a child

Imam Bukhari narrates that Aisha said: “I was a little girl playing when this verse was revealed to Muhammad: Nay, the Hour is their appointed time; the Hour is more calamitous and more bitter.[3]

Now, it is established that Surat al-Qamar was revealed c. 614 CE, around four years into the Prophet’s mission.  This again is consistent with the correct view that Aisha would have been around 8 years old at this time: this fits with her saying, “I was a little girl playing then.”

3.9        A virgin must not be married without her permission

Imam Bukhari also narrates from the Prophet that he said, “A virgin must not be married without her permission.” 

It is impossible that the Prophet could say such a thing and do the opposite, for if the original hadith is to be believed, Aisha was six years old and playing with her friends and dolls when she got married – there is no mention of her permission being asked.  And even if it had been, it would have no Sharia acceptability, since it was before her age of responsibility, puberty and intellectual maturity.

3.10    Aisha nurses the wounded at the Battle of Uhud

[Salahi reminds us that Imam Bukhari also quotes that Aisha, along with Umm Salamah, nursed the Muslim soldiers at the Battle of Uhud, which took place 18 months after her marriage.[4]  Had she been nine upon marriage, she would have been only eleven at this time.  The Prophet did not allow anyone under 15 to join the army as a soldier – would he have allowed a girl of 11 to come along?  (Abdullah bin Umar turned 15 between the Battles of Badr and Uhud: he was not allowed to participate at Badr, but was allowed at Uhud.)]

4         Criticism of the chain of transmission

The original hadith has five routes of narration in Sahih Al-Bukhari.

4.1        The narrations in Bukhari are all suspect, because they are those of Hisham bin ‘Urwah to the people of Iraq

The five different chains of transmission (isnad) given by Imam Bukhari all have two narrators between him and Hisham bin ‘Urwah, who narrates from his father ‘Urwah from Aisha.  Thus, the hadith is singly-narrated by Hisham, Urwah and Aisha.  The two narrators between Bukhari and Hisham in each case are all people of Iraq:

  • Farwah bin Abi l-Mighra’ and Ali bin Mishar
  • ‘Ubayd bin Isma’il and Abu Usamah
  • Mu’alla bin Asad and Wuhayb
  • Muhammad bin Yusuf and Sufyan [bin ‘Uyaynah]
  • Qabisah bin ‘Uqbah and Sufyan [bin ‘Uyaynah]

Hisham appears to be the weak link in this chain.  Ibn Hajar narrates in his Hady al-Sari as well as in his Tahdhib that Imam Malik did not approve of Hisham’s narrations to the people of Iraq. Imam Malik said that Hisham went to Kufa in Iraq three times to narrate hadiths: the first time, he said: “My father narrated to me that he heard Aisha …” The second time, he said: “My father informed me on the authority of Aisha …”  The third time, he said: “My father, on the authority of Aisha …”

In other words, Imam Malik did not accept Hisham’s narrations in Iraq, since he went there to narrate in his old age when his memory had faltered somewhat, and he practised tadlis, i.e. obscuring or omitting the mode of transmission, making the narration suspect. 

4.2        Hisham never narrated these hadiths in Medina: the Muwatta omits them completely

Furthermore, Imam Malik learnt hadiths directly from Hisham in Medina for many years, but the age of Aisha at marriage is not mentioned in the Muwatta at all.  Thus, Hisham never mentioned this narration at all in Medina, but only in Iraq where his narrations are suspect anyway.  These considerations strengthen the earlier historical ones, confirming that the hadith about the age of Aisha is seriously flawed.

5         Conclusion

Islam Bahiri concludes:

Aisha was about 18 years old when her marriage to the Prophet was consummated, and not nine.  The narrations of Bukhari and Muslim saying otherwise are textually corrupt and dubious in their chains of transmission.  They contradict the law (Sharia), the intellect, authentic hadiths, and the customs, habits and ethos of the age of Prophethood.  Furthermore, they are completely incongruous with the timeline of the Prophetic mission.

Thus, we are not obliged to revere Bukhari and Muslim more than the Prophet, peace be upon him.  We have the right to reject what they accepted and accept what they rejected.  Islam is neither confined to the scholars of Hadith and Fiqh, nor to their time.  Thus, we are able to critique, correct and evaluate the books of Hadith, Fiqh, Sirah and Tafsir.  We are able to reject the numerous mistakes and fabrications found in them. In the end, these books are a purely human heritage: we are not obliged, and in fact it does not befit us, to imbue them with sacredness or divinity.  We are equal human beings to the people of our history.

6         References

  1. Islam Bahiri, Aisha’s marriage to the Prophet aged nine – a big mistake (or lie) in the books of Hadith (in Arabic), Al-Yawm al-Sabi’, 15th July 2008. Reproduced in Jamal al-Banna, Tajrid al-Bukhari wa Muslim min al-ahadith allati la tulzim [Expunging Bukhari and Muslim of non-binding hadiths], Da’wah al-Ihya’ al-Islamiyyah, Cairo, Dhu l-Qi’dah 1429 / November 2008.

  2. Adil Salahi, Muhammad – His Character and Conduct, Islamic Foundation, Markfield, 2013, pp. 203-5

[1] Al Kamil fi l-Tarikh by Ibn al-Athir; Tarikh Dimashq by Ibn ‘Asakir; Siyar A’lam al-Nubala’ by Dhahabi; Tarikh by Tabari; Al-Bidayah wa l-Nihayah by Ibn Kathir; Tarikh Baghdad by Khatib Baghdadi; Wafayat al-A’yan by Ibn Khillakan and many others.

[2] The three years’ uncertainty in her date of death is simply due to uncertainty between the pre-Islamic lunisolar Arabian calendar and the Islamic lunar calendar: over a century, the two differ by three years. – U.H.

[3] Qur’an, Surat al-Qamar, The Moon, 54:46

[4] Bukhari, Sahih, Kitab al-Jihad wa l-Siyar (Book of War and Military Expeditions), Dar al-Kutub al-‘Ilmiyyah, Beirut, 1423/2002, p. 530, no. 2880.

WHAT HAPPENS TO A MARRIAGE IF ONE OF THE COUPLE CONVERTS TO ISLAM?

January 13, 2012

Bismillah al-Rahman al-Rahim

WHAT HAPPENS TO A MARRIAGE IF ONE OF THE COUPLE CONVERTS TO ISLAM?

 Traditional Islamic jurisprudence says that Muslims should only marry each other.  The only exception to this is that Muslim men are allowed to marry women who are Ahl al-Kitab (People of Scripture), usually limited to Jews and Christians.  Traditionally, Muslim women were not allowed to marry non-Muslim men.  But what happens to a non-Muslim couple who are married, and later one or both of them convert to Islam?  Here are some fatwas on the issue, that slightly differ from each other:

A. Fatwa of The European Council for Fatwa & Research, including Sheikh Yusuf al-Qaradawi, Sheikh ‘Abdullah bin Bayyah, Sheikh ‘Abdullah al-Judai, Sheikh Suhaib Hasan and others (from Sheikh ‘Abdullah bin Bayyah, Sina’at al-Fatwa, pp. 356-7)

  1. If both of the couple become Muslim, and they are not close relatives by blood or suckling that would make the marriage invalid, their marriage continues in its validity. (NB they do not need an Islamic nikah ceremony.)
  2. If only the husband converts to Islam, they are not close relatives and the wife is a person of scripture, their marriage continues in its validity.
  3. If only the wife converts to Islam, the view of the Council is that: a) if she converts before the marriage is consummated, she must leave him immediately; b) if she converts after consummation and her husband converts within 3 months or within 3 of her monthly cycles, their marriage continues in its validity; c) as before, but if a long time period has passed, she may remain with him in the expectation that he will convert also.  If he eventually converts, their marriage continues in its validity, without needing a new marriage ceremony.  d) If she wishes to leave her husband after the 3-month time period, she should seek dissolution of her marriage from the relevant authorities.

4. If the wife is Muslim and the husband is not, the four Madhhabs do not allow her to remain with him after the expiry of the 3-month period, or to have sexual relations with him.  However, some scholars allow her to remain with him, fully-married, as long as he does not harm her regarding her religious practice and as long as she has hope that he will also convert to Islam eventually.

It is authentically narrated from ‘Umar bin al-Khattab that a woman became a Muslim while her husband remained non-Muslim: he ruled, “If she wishes, she may leave him or if she wishes, she may remain with him.”  Also, there is an authentic narration from ‘Ali bin Abi Talib: “If the wife of a Jewish or Christian man becomes Muslim, he is entitled to remain her husband, since he has a covenant with the Muslims.”  Similar views are authentically-narrated from Ibrahim al-Nakh’i, Imam Sha’bi and Hammad bin Abi Sulayman.

 

B. FATWA OF SHEIKH ‘ABDULLAH AL-JUDAI (from his book Islam Ahad al-Zawjayn, pp. 249-251)

  1. There is no decisive, unequivocal text (nass qati’) about this matter.
  2. There is no consensus (ijma’) about this matter.
  3. Pre-Islamic marriages are sound and valid.  They can only be annulled for definite reasons.  Difference of religion is not a definite cause of invalidity due to the absence of an unequivocal text and due to the existence of a difference of opinion about the matter.
  4. Evidence from the Qur’an and Sunnah shows that a couple remaining together with a difference of religion does not damage the basis of their faiths.  Their relationship remains sound, not corrupt.
  5. The simple fact that one of them converts to Islam does not invalidate the marriage.
  6. Despite the multitude of people converting to Islam in his time, it is not recorded at all that the Prophet (pbuh) separated a husband and wife or ordered their separation due to one of them converting, or due to one of them converting before the other.  What is authentic from him is the opposite, as in the case of his daughter Zaynab who remained married to Abul-‘As for six years after she converted to Islam and before he did so, just before the Conquest of Mecca and after the revelation of Surah al-Mumtahinah.  The most that happened was that she emigrated and left him in Mecca after the Battle of Badr, but her emigration (hijrah) did not nullify their marriage.
  7. To say that the ayah of al-Mumtahinah ends marital relations due to a difference of religion is not correct.  It only applies when one spouse is at war with Islam (harbi), not simply a non-Muslim (kafir).
  8. The ayah of al-Mumtahinah allows a believer to marry a believing woman whose husband is at war with Islam.  It does not obligate this.  The story of Zaynab shows that a woman’s marriage to a non-Muslim (harbi) man changes from being binding to being allowed.  The reason for this is the difficulty of her returning to her harbi husband, and the difficulty she faces without a husband.
  9. The ayah forbids a Muslim man from retaining a non-Muslim wife who has not joined him in emigrating from a land of kufr to a land of Islam, or has fled from him, renouncing her faith and joining non-Muslims who are at war with Islam.  The reason for this is to prevent an inclination towards ones enemies, as happened with Hatib bin Abi Balta’ah, who wrote to the polytheists about some of the movements of the Muslims due to the presence of some of his relatives in Mecca.
  10. When one of the couple converts to Islam whilst the other is not at war with Islam, they are allowed to remain together.  They are not separated simply due to difference of religion.  The evidence for this is the practice of the Prophet (pbuh) and the Companions regarding those who embraced Islam in Mecca before the Hijrah and at the Conquest of Mecca.  This was also the fatwa given by ‘Umar during his caliphate without any opposition, and also by ‘Ali.
  11. A difference in religion due to the conversion of one of the couple to Islam allows the annulment of the marriage but does not obligate it, as shown by the judgment of ‘Umar with the endorsement of the Companions.
  12. The conclusions of the Madhhabs in this matter are not to be given precedence due to their opposition to what is established, weakness of evidence (dalil), weakness of juristic indication (istidlal), or all of the above.
  13. The allowance for the couple to remain together means that their marital life together is permitted, including sexual intercourse.

 

C. TAKING INTO ACCOUNT THE LIKELY EFFECTS ON CHILDREN

The majority of jurists regard a man who doesn’t pray regularly out of laziness as still a Muslim and not a kafir, so his wife is not obliged to divorce him.

In certain situations, the wife is allowed to have patience and persevere with her marriage, despite the objectionable behaviour of her husband, especially if she has children from him and she fears that they will become psychologically ruined and wasted.

(Sheikh ‘Abdullah bin Bayyah, Sina’at al-Fatwa, p. 353)

Compiled and translated by Usama Hasan, London, 13th January 2012

Minor updates: 21/12/2015

A PDF version of this article can be found here: One of a couple converting to Islam

Update: 26/01/2017

D. A SIMILAR ANSWER GIVEN BY SHAYKH GIBRIL FOUAD HADDAD

Q&A reposted from http://eshaykh.com/halal_haram/convert-required-to-divorce-non-muslim-spouse/

Convert required to divorce non-Muslim spouse?

Question:

As-salamu ‘alaikum,

An urgent question that has certainly come up again and again, requiring an absolutely authoritative answer, is what is to be done if a married woman accepts Islam but her husband does not.

Let’s say as an extreme example that they’ve been married for fifty years, have ten children together and love each other dearly. The wife has no job skills with which to provide for herself, much less for her children; the husband is ill or handicapped and his wife takes care of his needs. He’s fine with her new faith and lets her practice as she likes and teach it to their children but does not want to accept or commit to it for himself.

What to do? Telling a Muslim woman who is already married to a non-Muslim man that she must divorce him because staying with him is haram, deserves the death penalty and will earn her Hell isn’t the same thing as telling an unmarried Muslimah that their intended marriage to a non-Muslim man is prohibited and will nullify her profession of Islam. Moreover, there are no children involved who love their father and might end up traumatized and hating Islam if it the breakup of the household. Additionally, forcing *already-married couples *to break up would certainly deter many non-Muslim women from converting to Islam, no matter how much they may wish to if it means breaking an existing or possible future marriage.

Please understand that I’m not arguing with Allah Subhanuhu wa T’a’ala. Hasha,  God forbid! Rather, I’m just trying to understand how the Islamic Shar’iah deals with this specific situation, which is certainly not rare in our time. The website,

https://unity1.wordpress.com/2012/01/13/what-happens-to-a-marriage-if-one-of-the-couple-converts-to-islam/

deals with the issue but I need to know how acceptable this opinion is for Ahl-us-Sunnah wal-Jam’ah. May Allah greatly reward you for any help you can give.

Answer:

Alaykum salam,

If there is acceptance on his part and tolerance for his wife’s religion then there is hope for himself eventually accepting Islam. This hope is the basis for validating the continuity of their marriage as in the case of Fatima bint Asad and her non-Muslim husband Abu Talib.

And Allah knows best.

Hajj Gibril Haddad